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Failure to annex a drawn order to the memorandum of appeal is a mandatory procedural defect rendering the appeal incompetent, and the court cannot cure the omission by invoking revisionary or inherent powers where the trial court never issued the order.
Source excerpt
The High Court struck out an appeal for incompetence because the memorandum of appeal was not accompanied by a copy of the decree, as required by the Civil Procedure Code.
The High Court struck out a civil appeal for incompetence because the appellant failed to attach the drawn order required by the Civil Procedure Code.
The Court of Appeal struck out an application for stay of execution because mandatory documents under Rule 11(7) were not attached, and the defect could not be cured.
The absence of the charge sheet, a mandatory document, renders the record of appeal incomplete and necessitates adjournment of the hearing until a supplementary record is provided.
Source excerpt
The High Court struck out a civil appeal as incompetent because the appellant filed the memorandum without attaching the decree required by the Civil Procedure Code.
Omission to include the letter requesting for copies of judgment, decree, and proceedings in the record of appeal is fatal and renders the appeal incompetent and time-barred, as the letter is necessary for determining compliance with the time limitation under Rule 90(1)(2) and must be included under Rule 96(1)(k). The overriding objective principle cannot cure this omission as it does not override mandatory procedural requirements.
Source excerpt
The High Court struck out a civil appeal for incompetence because the memorandum was not accompanied by the decree required by law.
The appeal is incompetent due to failure to include the plaint in the record of appeal, as required by Rule 96(1)(c), and no leave was sought or granted for its exclusion.
Source excerpt
The High Court struck out a civil appeal for failure to attach a copy of the judgment, treating the omission as a mandatory procedural defect.
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